Subpoena before complaint?

[Muffuah]

This is a Maryland issue:
I'm wondering if it is possible to get a subpoena for a video tape before filing a civil complaint. The business that has the video is willing to provide it, but they want a subpoena first. I intend to file a complaint but I'm still deciding which court to file with. If possible I'd like to go ahead and get the video as I don't know how much time I have before the tape machine over-writes the part that I need. ...It could be very important to my case should it go to trial.
If it's important: I'm deciding whether to file for less than is owed to me for simplicity versus *possibly* getting the full amount in the more complicated higher court.

 

[quincy]

This is a Maryland issue:
I'm wondering if it is possible to get a subpoena for a video tape before filing a civil complaint. The business that has the video is willing to provide it, but they want a subpoena first. I intend to file a complaint but I'm still deciding which court to file with. If possible I'd like to go ahead and get the video as I don't know how much time I have before the tape machine over-writes the part that I need. ...It could be very important to my case should it go to trial.
If it's important: I'm deciding whether to file for less than is owed to me for simplicity versus *possibly* getting the full amount in the more complicated higher court.

First, for the benefit of others, here are links to your threads from November:

https://forum.freeadvice.com/civil-litigation-46/file-criminal-civil-first-610433.html

https://forum.freeadvice.com/civil-litigation-46/can-third-party-compelled-produce-make-available-evidence-civil-case-610444.html

What is the status of the criminal action? Did you ever file a police report?

Because it has been 4 months since you first came here asking about the surveillance video, there is a chance that the video will not be available to you much longer, if it is still available at all. You often have just 30 days, up to 90 days, to obtain a video if you wish to use it as evidence.

For a subpoena, you will need to file your civil action. Wasn't this covered in one of your other threads?

Here is a link to some information on Maryland's rules of civil procedure/subpoenas from The Reporters Committee for Freedom of the Press:
http://www.rcfp.org/maryland-privilege-compendium/1-service-subpoena-time

 

[Muffuah]

Thanks for the answer, Quincy. Your link to the subpoena rules didn't specifically address my question but I gather from looking around that I have to have an active case to be able to subpoena.

As for the questions answered in November, I did file a criminal complaint and the DA decided not to proceed. I don't know the exact reason for his decision, but someone in his office said, in effect,"It's not a criminal case because it's a civil one." The person I was talking to isn't a lawyer, so I didn't argue the point, but I did ask for an appointment to speak to someone who could explain their reasoning. That request was ignored, so I am about to file civilly.

The business that has the video keeps them for at least 9 months, so that isn't an issue yet, but it will be next month. BTW: Something that is Not evident in my postings is the reason for what must seem to be me dragging my feet in this matter. I have had to tend to my wife who, for nearly three years, has suffered a series of health issues. Those issues are ongoing (though they are much improved) and I have to stay with her nearly all of the time- she needs assistance to get in and out of bed, to go to the restroom and I have to perform some medical procedures (sometimes daily) and I have to drive her when she needs/wants to go anywhere.

I have not been able to keep regular hours in my shop for all of those three years and I simply don't have money to hire a lawyer. As you might imagine, I haven't been making much money during that time. Given the demands of my time for my wife, coupled with the fact that I can't afford to hire a lawyer, I will either have to allow someone to get away with stealing from me or proceed with the case pro se. Both options are repugnant to me.

I think I have two more questions to submit here. I will use the answers to those questions to guide me in doing what I certainly do NOT want to do.

Again, I thank you and all for the assistance offered here.